Written by

Free Press Staff Writer

A lawyer for a Burlington-based mental health group said Monday he would have blocked two employees from cooperating with state police and a grand jury in this past year’s investigation of the shooting of a mentally ill man in Winooski.

Attorney O. Whit Smith said in Vermont Superior Court he would have told the two HowardCenter employees not to discuss the mental status of Isaac Sage on April 25, 2013 — the day of the shooting.

Smith made the comment as Judge Brian Grearson considered a motion on behalf of Winooski Police Cpl. Jason Nokes to get access to the same information that state prosecutors had about Sage when they sought criminal charges against the veteran officer.

Attorney David Williams, who represents Nokes, said the HowardCenter waived patient confidentiality when Keven Mahoney and Pauline Stukus both spoke with Vermont State Police about their observations of Sage’s behavior the day of the shooting.

Mahoney later testified before a grand jury considering the shooting, Williams said.

Sage without warning or provocation punched Nokes in the face in April 2013 causing him to become disoriented and receiving a concussion and broken nose, Williams has said.

Nokes remains on medical leave due to injuries sustained in the attack.

Sage was initially charged with four criminal charges, including two counts of aggravated assault on Nokes and a second Winooski police officer. The two assault counts, resisting arrest and unlawful trespass were dismissed May 31, 2013 when Sage was found incompetent.

Nokes was then charged in July 2013 with aggravated assault for shooting Sage in the leg, reckless endangerment and false information to state police.

Smith, on behalf of the HowardCenter, maintained that any contact the two employees had with Sage were in the official performance of their duties and were blocked by patient confidentiality.

Attorney Robert Appel on behalf of Sage, argued only his client can waive his own patient confidentiality. He said the HowardCenter had no right to discuss his mental state and treatment and even if they did, the employees should not be allowed to continue to release information.

Williams, who was assisted by defense lawyer Brooks McArthur, said there was no evidence or documentation to suggest the observations by the employees were used for Sage’s treatment program.

Grearson gave both sides one week to file legal arguments. He also left the door open to having the two witnesses testify about their actions.